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Foundation Medicine, Guardant resolve lawsuits on blood-based cancer tests

Foundation Medicine Inc. and privately held Guardant Health Inc. agreed to settle false advertising lawsuits against each other regarding their blood-based cancer DNA tests.

Foundation and Guardant offer liquid biopsy assays — marketed as FoundationACT and Guardant360, respectively — tests which use blood samples to evaluate DNA shed from tumors, instead of an invasive tissue biopsy.

Guardant sued Foundation in June 2017 in the U.S. District Court for the Northern District of California, accusing its rival of misleading doctors about the accuracy and sensitivity of the Guardant360.

Under the settlement, financial terms of which were not disclosed, the lawsuit and counterclaims will be dismissed with prejudice.

Further, both the companies agreed to create a rapid-resolution process in case of future advertising-related disputes.

Cambridge, Mass.-based Foundation Medicine and Redwood City, Calif.-based Guardant also agreed to establish a working group to explore the development of standard formulas and definitions for the validation of tests identifying genetic mutations in a patient's cancer.

Foundation Medicine is majority-owned by Roche Holding AG.